Justices Wray and Anderson and after many arguments concerning the validity of that Grant and conference had with all the other Justices It was resolved by all the Justices Nullo contradicente aut reluctante that the sayd Letters Patents were voyd and their reasons were That the Office of Sheriff was an ancient Office before the Conquest and of great trust and authority for the King committeth unto him Custodium Comitatus And although the King may determine the Office ad beneplacitum yet he cannot determine this in part as for one Town or Hundred nor abridge him in any incidents to his Office for the Office is entire and ought to continue so without any fraction or diminution unlesse by Parliament and the County Court and the entring of all Proceedings therein are incident to the Sheriffs Office c. And though it was granted when the Office of Sheriff was void yet the new Sheriff shall avoid it as Scroges case in the time of Vacation in the Office of Chief Justice of the Common Bench Queen Mary granted the Office of the Exigenter of London resolved that the next chief Justice shall avoid it for it was incident to his Office Also in all Writs directed to the Sheriff concerning the County Court the King sayes in comitatu tuo and in return of Exigents made by him he sayes ad comitatum meum tent c. and the stile of the Court proves it and by the Statute of 33 H. 8. the Sheriff of Denbigh shall keep his Shire Court at c. In a false Judgment it is said in pleno com tuo recordari facias c. and in a Precept of Tolt it is said summoneas c. quod sit ad comitatum meum and it should be very inconvenient that another should have the custody of the Enteries and Rolls of Court which may be imbezzelled and the Sheriff responsible for them And it was resolved that the custody of all the Goales within every County appertains to the Sheriff by right and are annexed and incident by Law to the Sheriffs Office vide an 14 E. 3. cap. 10. But note that his late Highnesse in the year 1653. granted the Office of Clark-ship for the County of York to one Master R. H. though dissonant to common Law yet consentaneous to a gladiatorie power like those in Livie in armis jus ferre omnia fortium virorum esse that all Lawes are engraven on the hilt of a victorious Sword to whose Mandamus both Statute and common Law must submit He cannot execute the Office of a County Clark and practice as an Attorny both at one time it being prohibited by the Statute of 1 H. 5. 4. being a cause of encreasing Suits and a hinderance in dispatch of Clyents causes He cannot act any thing without the assent of the Suitors if he do an Action of Trespasse lyeth against the Sheriff He must be carefull in deputing honest able and sufficient men as Bayliffs for the executing of the Precepts issuing out of the Court. He ought to enter no Plaints except in case of Replevins out of Court but in full County sedente curia yet the case is otherwise at this day and as it seems good enough verifying the Diverbe communis error facit jus He must make sufficient Precepts after the Plaints entred but not before against the Defendants directed to his Bayliffs to attach or warn the Defendants to appear at the next County Court and answer the Plaintiff The County Clark and Plaintiff upon complaint of the party grieved may be examined by one Justice of Peace concerning the taking or entring of Plaints in the County Court and book against the Statute If thereby the Justice find any fault or offence committed that shall stand for a sufficient conviction and attainder without any further inquirie or examination And the said Justice must certifie the examination within a quarter of a year into the Exchequer by the Statute of 11 H. 7. cap. 15. If a Writ of discharge of the ancient Sheriff be delivered to the County Clark sitting in the County Court the authority of the said Sheriff although absent shall presently cease At the adjourning of every Court he must appoint a day certain for the next Court to the intent the Country may know at what time they may resort thither to hear the Lord Protectors Writs of Exigent and Proclamations read The Office of a Coroner in this Court A Coroner is one of the principall Officers of this Court being chosen in it by a Writ de Coronatore elegendo directed to the Sheriff by the Freeholders or Suitors in open and full Court and is published there and after the Sheriff is to returne and certifie into the Chancery the election of every such Coroner and their names likewise the County Clark in Court must administer to the Coroner his oath for the due execution of his Office The Coroner being thus elected and sworn he is to sit there with the Sheriff every County Court to give Judgment upon Outlawries which Judgment shall be given and pronounced by him in the fifth County and there the Sheriff is to returne the Outlawry with the Exigent But by this Judgment no goods are forfeited before the Outlawry appear upon Record neither shall such an Outlawry disable the party Exigents and Proclamations are to be proclaimed five County dayes one after another and once in the open Sessions and once at the Parish Church doore where he doth or did lately dwell that he appear or else that he shall be outlawed And if Proclamation be made five County dayes and at the fifth County day the Defendant appear not then the Coroner shall give Judgment that he shall be out of the Protection of the Lord Protector and out of the ayd of the Law F. N. B. 163. But before I conclude let me give you in brief why a man is said to be outlawed and a woman waived viz. A man is said to be outlawed because he was sworn to the Law and now for his contumacy he is put from the Law and said outlawed as it were extra legem positus but a woman is not so but she is waived and not outlawed because she was never sworn to the Law Of Attorneys in this Court IT was once objected to me that no Attorney could legally practice in this Court and that every man ought to prosecute his own cause himself Epitomie of the Statute of Westminster 2. cap. 10. That every man which oweth Suit to the County Court may make a generall Attorny to prosecute and follow his Suits in all Pleas And likewise in the Statute of Merton cap. 10. Quod quilibet liber homo qui sectam debet ad Com. c. libere possit facere Atturn suum ad sectas illas pro eo faciendas and an Attorny may doe every thing in the name and as the act of him who gave him the authority as if he did it himself he
vertue of this Writ I have delivered to the within named I G. the Mannors Messuages Parks Woods and all and singular the Lands and Tenements with the appurtenances within mentioned To hold to him and his assigns as his Freehold until he shall be fully satisfied of his debt within mentioned with his damages charges and expences reasonably sustained as by this Writ it is commanded And I further hereby certifie his Highness that the within named R. W. is not found in my Bailiwick R. S. Esquire Sherif By vertue of this Writ to me directed in form within written in full Court I recorded the Plaint within mentioned And that Record as it appeareth in a Scedule to this Writ annexed I have before the Justices within written at the day and place within contained under my seal and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record And I have prefixed the same day to the parties within written that then they may be there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff B. ss At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred B. ss A B complaineth against C D. of a plea of taking and unjust detaining of his goods and chattels R. S. Esquire Sherif By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written whereof within is made mention which plaint appeareth in a certain Scedule to this Writ annexed And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record and I have prefixed the same day to the parties within written that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff N. ss At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained N. ss F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel R. S. Esquire Sheriff Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded and I hereby further certifie the within mentioned Justices that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready as within it is commanded R. S. Esquire Sheriff The execution of this Wtit appeareth in a certain Scedule hereunto annexed R. S. Esquire Sheriff By vertue of this writ to me directed and to this Scedule annexed I made a certain Warrant to one W R. my Bailiff to arrest and take I S. in the said Writ named My which Bailiff by vertue of my aforesaid Warrant the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded and him the said Iohn so arrested taken and in my custody as aforesaid under the aforesaid arrest being one G. S. of B. aforesaid together with the aforesaid Iohn Spalding by force and armes that is to say with staves pitchforks and knives upon him the said W. R. my Bayliff then and there did make an assault and him did beat wound and evilly handle so that it was despaired of his life And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody then and there tooke and rescued and of his owne right suffered him to go at large And the same I. S. so as aforesaid under arrest being out of my Custody then and there likewise rescued himselfe against the publique peace And afterwards the same Iohn is not found in my Bayliwick R. S. Esq Sheriff Returne of Jurors HEe must returne sixe Jurors where the Venue lyeth if there be so many within the Hundred viz. within the place where the demand is made yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action if two sufficient hundreders do appear it is sufficient He must return their names and a true addition of their dwelling places or some other addition by which the party may be known No persons are to be returned above the age of 7 yeares nor persons of a languishing sicknesse or disease at the time of their summons no Alien Infant under the age of fourteen Clergy men or Ministers Lamb. 382. Fitz. 165. d. 166. a. d. None shall be impannelled upon a Jury for tryall of any matter out of their proper County except such Jurors may spend in Lands and Tenements 5 l. per annum nor to try any matter within the County except they have in Lands and Tenements 40 s. per ann of estate of Free-hold within the County where the Issue is to be levyed F. N. B. 166. d. But after the Statute 27 Eliz. cap. 6. None are to be returned for the tryall of any Issue in the upper Bench Common Pleas Exchequer or before the Justices of Assize but such as have estate of Free-hold in Lands Tenement or Hereditaments of the clear yearly value of 4l at least out of Ancient Demesne Though the current of the Venire facias be but to returne Duodecem bonos legales homines yet must he returne twenty and four if he return but three and twenty and 12 appear and give their verdict this is Errour Coo. 5. 36. 37. He is to summon and returne the Grand Iury to the Assizes and the Juries for the Quarter Sessions of the peace and is to array his pannell sixe dayes at the least for the speciall Assizes and before the sessions of the Justices so that view and copies of the pannels may be had if they be required which copies must be indented by the Sheriff and delivered to the Plaintifs Defendants or Tenants Upon an Indictment he ought to returne none but probi legales homines viz. such as are not attaint by
and grant to and with the said E. F. his Executors Administrators and every of them that if the said A. B. his Heirs Executors Administrators and Assignes shall or may be relieved saved harmlesse or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors and Assigns and his sureties that then he the said A. B. his Executors Administrators or Assignes shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs Executors Administrators or Assignes or any his sureties or any of them In witnesse whereof c. Or Thus. THIS INDENTURE made c. in the year c. Betweene A. B. of R. in the County of Yorke Esq now high Sheriffe of the said County of the one part and C. D. of c. in the said County Gentleman of the other part Whereas his Highnesse RICHARD Lord Protector of the Common wealth of England Scotland Ireland and the Dominions and Territories thereunto belonging By his Highnesse Letters Patents under the Great Seale of ENGLAND bearing date the seventeenth day of this instant November have made nominated constituted assigned and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure Now this Indenture witnesseth That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute and ordaine him the said C. D. to be his Under-sheriff of for and in the said County of Yorke during all the time that he the said A. B. shall be and remaine Sheriffe of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C D. to serve exercise and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid And the said A. B as farre as in him lyes doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C. D. by force hereof to appeare answer and serve and minister as Under-sheriffe of the said County of York for and in the name of the said A. B. as well in all places of the said County of York as in all and every the Court and Courts within the Common-wealth of England and before all and every the Justices of Oyer and Terminer Justices of Assize and Goal-delivery Justices of the Peace Coroners and Escheators and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE shall be bound or ought to appeare answer serve or be attendant and to breake open answer returne and execute for him the said A. B. in his name all Processe VVrits Precepts VVarrants Mandates and Commandements to the Sheriffe of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Coroners or Escheators aforesaid and to doe performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE is to be performed executed and done saving alwayes and excepting the said C. D. shall not by vertue thereof be authorized to open returne send or execute any VVrit or VVrits for electing any Knights of the Shire or Burgesse of Parliament for the said County of YORKE or any Burrough within the said County nor open execute or answer any the Letters of his Highnesse the LORD PROTECTOR or the Councell to bee directed unto the said Sheriffe of the said County of YORKE without the speciall warrant direction or Commandement of him the said A. B. for that purpose And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office all the Fees Duties and Profits to him due arising and growing by the County Courts to be kept within the said County of YORKE and all other fees rewards duties allowances and profits incident to the office of Sheriffe-wicke or thereunto belonging for which the said A. B. is or shall be allowed by the Common Lawes of this Nation or customes of the said County either for the opening returning or executing of any VVrit Precept or Processe Warrant or Commandement whatsoever or for other executing of the said office and which have not beene accepted heretofore the ordinary Fees of any other his Bayliffs or other Officers to have and enjoy the said duties fees rewards allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors or Administrators for the same And the said C. D. for and in consideration of the benevolence aforesaid and for the free gift and grant of the said A. B. doth for himself his Heirs Executors Administrators and Assignes and every of them covenant promise grant and agree to and with the said A. B. his Heirs Executors and Administrators and Assignes by these presents that he the said C. D. shall and will at all times from and after the day of the date of these presents duely diligently lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of in and for the said County of YORKE without doing or committing any kinde of extortion or wilfull mis-behaving of himself in the said office and shall and will duely and respectively execute the said office of Sheriff-wicke under the name of the said A. B. in all points so farre forth as these presents the LAWES of the LAND or other Licence or Commandement of the said A. B. shall warrant or give liberty and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize Justices of the Peace and all Commissioners Escheators Coroners and other Officers of his Highnesse the Lord Protector before whom the said A. B. shall be bound or required to Minister answer or be attendant in respect of the said office of Sheriffwick for the said County and shall and will execute and make answer true and sufficient return of all such processe writs precepts and commandments directed from his said Highness or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to or come to the hands of him the said C. D. his Deputie or Deputies Assignee or Assignes or shall and will discharge and save harmlesse the said A. B. his heires Executors and Administrators and his
or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriffe his Executors or Assignes all such summe and summes of money as the said Sheriffe his Heires Executors or Assignes ought to pay to his Highnesse the Lord Protector or to any other person or persons or be due to the said Sheriffe by reason of the said Office of Goalership That then c. Or Thus. THe Condition c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke in the County of Yorke aforesaid all such person and persons prisoner and prisoners which shall be committed or sent to the said Gaole or committed to the ward and custody of the said Gaoler by the said Sheriffe or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Gaole and the said persons and prisoners so committed as aforesaid doe well and truly duely and sufficiently by his owne proper person or by his sufficient Deputy or Deputies so keepe that the said Sheriffe his Heires and Executors and all the Lands Tenements Goods and Chattels of the said Sheriffe be saved harmlesse from all losses penalties amerciaments and damages whatsoever as well against his Highnesse the Lord Protector c. As also against all other person and persons of for and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke or else-where in the said County of Yorke and likewise doe discharge save and keepe harmlesse the said Sheriffe his Heires and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and Escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanours which may happen or chance hereafter to be committed to the said Gaole for any the causes aforesaid during the time the said C. D. shall be Sheriffe of the County of York and likewise that the said A. B. or any other by his consent privity or appointment in any wise let to baile or mainprize any prisoner or prisoners to him committed as aforesaid not baylable by the Lawes of the Nation without the speciall commandement or appointment of the said Sheriffe And if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the c. affaires and businesse wherewith the said Sheriffe is or shall be charged or employed in or about the keeping of the said Gaole or Prison that then c. Articles betwixt the High Sheriff and a Bayliffe of a Wapentake or Hundred ARticles of Agreement indented and made the tenth day of March in the yeare c. Between A. B. of R. in the County of Y. Esquire High Sheriffe of the said County of the one part and C. D. of A. in the said County Gentleman of the other part Whereas the said A. B. by his deputation under the seale of his Office hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties and the said C. D. for himselfe his Executors Administrators and Assignes for the consideration aforesaid doth covenant and grant unto and with the said A. B. his Heires Executors and Admnistrators in manner following First That the said C. D. shall and will during such time as he shall execute the said Office well and sufficiently performe and doe whatsoever to the sayd office belongeth as well within the said Wapentake as without And shall with speed and secrecy serve and execute or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe And shall make a true returne thereof to the said Under-sheriff or his Deputy by the space of four dayes before the respective returnes thereof And shall likewise from time to time save and keep harmlesse the said high Sheriff his Heires Executors and Administrators Lands Tenements Goods and Chattels of and from all Escapes Amerciaments Fines and sums of money or other charges and incumberances whatsoever which shall or may be imposed or happen upon the said high Sheriff for or concerning the executing or returning of them or any of them 2 Item That he the said C. D. his Executors or Assignes shall well and truly pay or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake within 6 days next after the Annunciation of our blessed Virgin Mary and Saint Michael the Arch-Angel by equall portions and shall likewise at his owne proper costs and charges faithfully and truly levy collect and gather all and every sum and summes of money of what nature soever within the said Wapentake as are and shall from time to time grow due and payable to his Highness or which are and shall be within the charge of the said Sheriffe and estreated and given in charge to the collection of the said C. D. or his Assignes and shall within three weeks next after any Estreat warrant to him directed for the levying and collecting thereof pay or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where or make his personall appearance there to give a just account for what cause he hath not collected nor levied the same 3. Item That the said C. D. shal diligently enquire of the Goods and Chattels of all Felons and Fugitives and of all persons outlawed and condemned and of goods and chattels waived estrayed and escheated within the same Wapentake And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake and shall likewise truly account for and deliver or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried within one moneth next after such seisure and inventory made 4. Item That the said C. D. shall from time to time give lawfull summons and warning to all such persons Jurors and Free-holders as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery Justices
the day of the date hereof hath delivered to the hands of the within named C. D. and E. F. the Writ of execution for levying and extending the goods chattels and moyety of the lands tenements and hereditaments of one G. H. of c. to and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ if in case the said C. D. and E. F. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ if then the said A. B. his Executors and Administrators do quietly permit and suffer the said Sheriffe or under Sheriffe to have take receive and detaine to his and their owne proper use and behoofe out of such moneys goods or chattels as shall be had levyed or received by vertue of the said Writ or the execution thereof so much in lawfull money of England or other benefit as they or the said Sheriffe or under Sheriffe or one of them shall think reasonable or sufficient for their satisfaction of and for such travel paines or charges as they shall be at in and about the execution of the said Writ and extent thereupon to be had or made otherwise within c. next after the said writ shall be executed and return made thereof accordingly do pay or cause to be paid unto the said Sheriffe or under Sheriffe or their Deputy or Deputies so much lawfull money of England as they shall for the causes aforesaid reasonably demand That then c. A Bargaine and sale of Goods made by the Sheriffe by vertue of his office TO all faithfull people to whom this present writing shall come Sir H. B. Knight Sheriffe of the County of Y. greeting Whereas by vertue of his Highnesses Writ of Fieri facias to me directed out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt and forty shillings damages which Sir H. H. Knight Lord Chiefe Justice of the said Court of Common Pleas hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County Gent. deceased at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred if so much of them do remaine in the hands of the said E. F. to be administred And if not then the damages to be levyed of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes more at large appeareth I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed be the goods and chattels which late were the said I. R's at the time of his death and found in the hands of the said E. F. unadministred Now know yee that I the said High Sherif by vertue of the said Writ and of my Office and for and in consideration of the sum of two hundred pounds of good c. to me the said High Sherif in hand payd do hereby as much as in me lyeth by vertue of my said Office fully and absolutely bargain sell and deliver to the said E. F. his Executors Administrators and Assignes all and singular the said Goods and Chattels TO HAVE AND TO HOLD and enjoy the same unto the said E. F. his Executors and Administrators for ever In witnesse whereof I have hereunto set my seale of Office the tenth day of May in the yeare of our LORD 1658. THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS THIS Office of Coroner hath its Etymologie or Derivation a Corona being an Offficer of the CROWN from antiquity and hath principall cognisance of some PLEAS called Placita Coronae He was established by pristine Kings ELFRED c. to be Principalis conservator pacis according to the Mirrour of Iustice which saith Auxi ordains fuer Coronours in Chescun County et Viscounts a garder le peace quant les Countees soy demisterent del gard et Bayliffes in lieu de centeners that is Coroners in every County and Sheriss were ordained and constituted to be Conservators of the Peace when the Earles dismist themselves of the custody of the Counties and in place of Hundredors but of his antiquity and jurisdiction Vide 2d Instit Magna Charta Cap. 17. Merton Cap. 3. Reddisseisin and Westminster 1. Cap. 10. and 26. and Articl super Chart. Cap. 3. This office of Coroner is duplicate General Special 1. Generall TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County of Fellonies committed within the yeare to award the Exigents of contempts and to pronounce the Judgements of Out-lawries upon County dayes of which see more in the County Court and likewise in what pledge or Decenary they were or of whom mainprised and in whose ward 2. Speciall SPeciall Coroners are Coroners of Liberties and of priviledged places as Coroner of the Verge viz. Coroner of the Protectors Houshold c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case in the fourth Reports fol. 45. and 46. Where it was resolved That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle therein as appeares by the preamble of the Statute of Articuli super Chartas Because that before this time many Felonies done within the Verge have beene unpunished and the reason and cause thereof was because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge but the Coroner of the KINGS hostel which is passant By which it appears that the Coroner of the County could not intermeddle with the death of a man within the Verge but the Coroner of the Hostell onely And so was it adjudged Pasch 24 Eliz. in the Kings Bench where Swift was indicted before the Coroner of the County of Middlesex of a Murther done at Tuthil in the said County of Middlesex which Indictment was removed into the Kings Bench and there Swift pleaded that Tuthil was at the time of the murther and yet is within the verge c. upon which the Attorney did demur in Law and it depended in advisement three Terms and at length the plea was adjudged good and thereupon he was discharged of the Indictment for as the Coroner of the houshold cannot intermeddle within the County out of the verge because his Office extendeth not to it so the Coroner of the County cannot intermeddle within the verge and it shall be contrary
to reason that their Offices and jurisdictions being several and distinct the one should intermeddle within the jurisdiction of the other But it was resolved that the Justices of the Kings Bench Justices of Oyer and Terminer Goal-delivery and Justices of peace may enquire of hear and determine all murthers and felonies within the verge because their authority and jurisdiction are general through the whole County and alwayes hath beene so used and so was it adjudged without any scruple in Holcrofts case What person ought to be Coroner and how qualified OF ancient time this Office was of such estimation that none could have it but a Knight if we looke backe to the Statute of Westm 1. cap. 10. and the current of the Writ in the Register fol. 177. b. is nisi sit miles c. and such a one qui melius sciat possit officio illi intendere for this was the pollicy of prudent antiquity that Officers did ever give a grace to the place and not the place onely to grace the Officer Therefore it was holden a principall cause to remove and discharge a Coroner if he were not a Knight and had not a hundred shillings rent of Freehold Yet in F N B. de Coronatore eligendo it is not allowed a valid and sufficient cause to remove him though he be not a Knight at this day alledging That those words were inserted into the Statute to the intent that a Coroner should have sufficient within the County to be responsible for all that he doth or ought to do by his said Office Mr. Wilkinson in his office of a Coroner also saith that this Statute requireth such a Coroner as can will and may attend to execute the said office And therefore saith he if such a Coroner be elected as cannot will not or may not attend the execution of the said office he is to be removed and discharged by Writ from the same Office and the cause of his not attendance debility or insufficiency must be rehearsed in the writ and if he be discharged of his office by a false suggestion he may by a petition in Chancery pray a Commission to enquire of this false suggestion and if it be found and returned into the Chancery then his Highnesse may grant a Supersedeas to the Sheriffe of the County that he remove not the said Coroner from his office and if he be removed before the Supersedeas come then that he permit the Coroner removed to execute his office as he did before his removall He must have two properties viz. sufficient knowledge ability and diligence in executing his office Sir Edward Cooke in his second part of his Institutes Westm 1. cap. 10. saith he should have five properties viz. 1. He should be Probus homo 2. Legalis homo 3. Of sufficient understanding and knowledge 4. Of good ability and power to execute his office according to his knowledge 5. Diligent in execution of his office And the Common Law doth not only require expert men to be Coroners but men of sufficient ability and livelihood for three purposes viz. 1. The Law presumes that they will do their duty and not offend the Law for fear of punishment whereunto their Lands and goods be subject 2. That they might execute their office without bribery 3. That they be able to answer to the Protector all such fines and duties as appertaine to him and to discharge the Countrey thereof wherewith the County being their Electors were chargeable For the Coroners being elected by the Countrey if they be insufficient and not able to answer such fines and other duties in respect of their office as they ought the County as their superior shall answer the same As for example the County of Kent made election by force of the Kings writ of William Herlizon to be one of the Coroners for the same County who after was amerced for a false return forty shillings Whereupon processe went out to the Sheriffe to levy it the Sheriff upon his oath said that the said William Herlizon non habet terras vel tenementa bona seu catalla in ballivo suo nec habuit unde dict denarii levari possint Now saith the Record Et quia ipse Coronator electus fuit per Comitatum c. ita quod in defectu ejusdem Coronatoris totus Comitatus ut elector superior c. tenetur regi respondere praeceptum fuit nunc vicecomiti quod de terris tenementis hominum totius Comitatus in balivo suo fieri fac praedict 40 s. And the like law was of the Sheriffe and other the said Officers when they were elegible They remain Conservators of the peace within the County where they are Coroners notwithstanding the Protectors death for being elected by the Freeholders of the County by Writ and returned of Record in the Chancery wich is a judicial act remaineth and so of the Verderor It is otherwise of Judges and Justices that hold their place by Writ Commission Letters patents or otherwise at will whose authority is determined by the death of the King or Protector for by the Commission c. he maketh them Justiciarios suos so that he being once dead they are no more his Justices And it might be a reason wherefore the Sheriff of ancient time was eligible for that he had eustodiam Comitatus and principall Conservator of the Peace and therefore his authority should not cease by the death of the King or Protector no more then that of the Coroner Of the number of Coroners in each County THe number of Coroners are not set downe by the Law In some Counties there are sour in some Counties six in some sewer and in some but one 23 Ass P. 7. 14 H. 4. 34. 39 H 6. 40. F N B. 163. Inst 2. Westm 1. cap. 10. but in twelve Shires in Wales and in Cheshire there are but two Vide Lamb. Iust 16. b. Stamf. 48. Of the power and Jurisdiction of Coroners THe Coroners power is duplicace viz. 1. Judiciall 2. Ministeriall 1. The Judiciall authority both of a generall and speciall Coroner is in case where a man comes to a violent death by selony or mischance and to take the acknowledgement of selony to take the enquest of selonies happening within his Liberty to give abjurations pronounce Judgment upon out-lawries appeals of death by bill c. solely to take an Indictment super visum corporis and to take and enter an appeal but he can proceed no further upon the Indictment or appeal but to deliver them over to the Justices and to enquire of Treasure trove and wreck of the Sea c. But if you will enquire more amply what anciently appertained unto him read Bracton lib. 3. tract 4. cap. 5. de officio Coronatorum circa homicidium cap. 26. de officio Coronatoris in Thesauris inventis cap. 6. de officio Coronatorum in raptu Virginum cap. 8.
the King c. And lastly That the same Court of the Kings did judge not onely according to meer right and Law but also after equity and good conscience And after this order and in these two Courts was all Justice administred This Court continuing untill the time of William the Conqueror and ever since during the times and raignes of the ancient Kings and doth yet continue in manner the same forme and substance that it then was and will doe in despite of those Sycophants that have had their Primum mobile from it and now endeavour its subversion that Viperous brood of Birds that have so much defiled their owne Nest that the whole Countrey laughs at their folly and that the pleas ought no more to be taken from it now in our dayes without cause than they ought then to have been which may evidently be proved by those ancient Writs of Pone Recordare Writ of false Judgment and Accedeas ad curiam which are yet in use to this day and to this onely end to remove suits upon cause out of this Court into superior Courts But because this requireth great search of Records to make any further progression whereunto I have no accesse I must leave it to such whose abilities are more strenuous to travell in that so intricate a path This Court is no Court of Record but onely a Court Baron though it had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 23. 4. by Bracton and Britton in diverse places and by Fleta lib. 2. cap. 62. but it was abridged by the Statute of Magna Charta cap. 17. and much more by 1 E. 4. cap. unico therefore pleas holden in this Court by Plaint nor pleas holden by Writ of Justicies are not taken as matters of Record for those pleas are holden by reason of the Court which the Sheriff holdeth by reason of his Office This Court as Dalton reporteth in his Office of Sheriffs was ordained for the Sheriff to hold Pleas there for particular or private matters under forty shillings between party and party It is now as it was alwaies holden once every moneth upon a day certaine the moneth being computed according to twenty eight dayes in the moneth and not according to the Kallander 9 H 3. c. 35. 2 E. 6. c 25. It holdeth no plea of debt or damages to the value of forty shillings or above because a Fine is due thereby to the Lord Protector yet if the debt be forty shillings or above and the Plaintiff will acknowledge in his Declaration the receit of so much as to bring it within forty shillings in this case the plaint is good But if the debt be above forty shillings as five pounds the Plaintiff cannot divide this into five severall actions to make this Court hold plea of it for in this case the Defendant may wage his Law And of Debt Detinue Trespasse and other actions personall above forty shillings the Sheriff may hold plea by force of a Writ of Justicies to him directed for that is in nature of a Commission to him and is not returnable Neither doth this Writ alter the nature of the Court for therein the Sheriff is not Judge but the Freeholders or Suitors yet all Judgments shall be pronounced by the Sheriff This Court may be kept at any place within the County at the pleasure of the Sheriff but not out of it Yet the Sheriff of Northumberland by the Statute is to keep his County Court in the Towne or Castle of Alnewicke and in no other place The Sheriff of Sussex by the Statute is to hold his County Court one time at Chester and the other time at the Burrough of Lewes and so to be kept alternis vicibus for ever And also the Sheriff of the County of Chester is to keep his County Court in the Shire Hall of the sayd County Daltons Office of Sheriffs fol. 157. 158. To this Court all persons dwelling within the County owe suit by reason of their resiance No Fine can be imposed in this Court upon any offendor because it is no Court of Record Co. 8. 41. 60. 11. 43. Fitz. 73. d. But a man may be amerced for a contempt or a disturbance of the Court in the presence of the Court. This Court will entertaine no suits for Charters of Land or for Inheritance or for Freehold of Land or any titles of Land or to make severall plaints upon one entire debt by Bond or Trespasse Vi armis or actions touching life nor actions to compell one to render an account The Office of the County Clarke THe Sheriff being elected which is done yearly in the morrow after All soules in the Exchequer Chamber by the Statutes 9. E. 2. 14 E. 3. cap. 7. And his Letters Patents do commonly beare date the sixth day of November 1 2 E. 4. e. 1. unlesse it be in cases of necessity that the Court is sorced to adjourne it Crook fol. 595. before the next County day after his election and discharge of the old Sheriff he ought to be very diligent in deputing and constituting a County Clarke such a one as is sufficient and able to keep the Court that no corrupt dealing be in it as he will answer the contrary and that he be very skilfull in entring the proceedings in it He ought to be endued with these qualities according to the description of Fleta Provideat sibi Vice com' de Clerico circumspecto fideli viro provido discreto gratioso humili pudico pacifico modesto qui in legibus consuetudinibusque provinciae officio Commit ' Cleric ' se cognoscat jura in omnibus teneri affectei quique sub-balivos in suis erroribus ambiguis sciat instruere docere c. Which is thus Paraphrased That a County Clarke ought to be endued and qualified with circumspection fidelity providence humility peace and modesty and must know himselfe or be expert in the Lawes and customes of the Countrey and to have ability to instruct or direct the Bailiffs or other Ministers in dubious things wherein they may erre He must neither be attracted by price nor lucratory corruption nor any sinister affection to wander out of the way of right Qui nec as Bracton adviseth ad dextram nec ad sinistram vel propter prosperitatem terrenam vel adversitatis metum à tramite justiciae declinet The Sheriff and not the Protector hath power to delegate this Office to whom he pleaseth as it appears in Myttons case in the fourth Reports where Queen Elizabeth by Letters Patents did grant the Office of Clarkship of the County Court of Somerset to Mytton with all Fees c. for life Arthur Hopton Esquire Sheriff of the same Shire interrupted him because it was incident to his Office Mitton complained to the Lords of the Councell and was referred to the two chiefe
County of Y. there held c. the aforesaid I. H. and the rest of the Defendants within named the fifth time exacted were at which day the aforesaid I. H. appeared and rendred himselfe to the prison of his Highness c. of the Castle of Y. whose body before the Iustices within written at the day and place within contained ready I have as within to me is commanded but the rest of the Defendants within named appeared not therefore c. as above And besides I. S. who hath rendred himself to the prison of c. of the Castle of Y. whose body before the Justices within written at the day and place within contained ready I have as this Writ exacteth and requireth And besides I. C. who dead is will not appear therefore by Judgement c. and the aforesaid T. C. waved is in presence of T. C. and F. W. Coronors of c. of the County aforesaid At the County c. 1. 2. 3. 4. exacted he was and hath appeared and rendred himself to the prison of c. of the Castle of Y. where so sick he is that fore fear of death him before the Justices within written at the day and place within contained have I cannot The Return of the Writ of Proclamation BY vertue of this Writ to me directed at my County of Y. held at the castle of Y. within written on Monday c. the year c. within written the first time to be proclaimed I caused And at my County of Y. held at the Castle of Y. aforesaid in the said County of Y. on Monday c. the year c. within written the second time to be proclaimed I caused as also at the general Sessions of the peace held at Skipton for the West riding of the said County within written on Tuesday viz. the 12. day of Sept. aforesaid the year c. within written publickly to be proclaimed I caused that I. C. and all other the Defendants within named themselves to render to the within named Sheriffs of London so that the same Sheriffs have their bodies before the Justices within written at the day and place within contained as this Writ exacteth and requireth The manner of proceeding upon the Writs of Recordare Pone Writ of False Judgment c. in the Common Pleas after removall out of the County Court YOu must repair to the County Clerk or his Deputy and demand a Return of the Writ of Recordare or Pone If upon the return the Defendant appear then must you declare and when your Declaration is drawn enter it upon a roll in one of the Prothonotaries offices and see that it be docqueted together with the number of the roll If the Writ be returnable in the begining of a term especially in issuable terms the Desendant is to answer the same term unless the Desendant hath Emparlance to plead until the following term Rules to answer must be entred in the Remembrance in the Prothonotaries Office entring in the Margent or over the head of the Rule that if the Defendant do not plead within some few dayes let Judgement be entred And if no plea be brought in within the time then may you sign Judgement with the Prothonotary in default of answer If the Defendant appear not upon the return of the Writ then may the Plaintiff have a Procedendo to carry the cause back again into the County Court If the Plaintiffs Attorney declare not against the Desendant upon his appearance within a reasonable time of the Term then may the Defendants Attorney enter a Rule in the Bill of Pleas against the Plaintiff to declare and if he declare not then may he enter a Non prosec and sign it with the Prothonotary and costs given for the unjust vexation If the Defendant plead generall issue then must the Attorney for the Defendant set his hand to the Doquet book of the Plaintiffs Attorney who draws up the plea and makes a Copy of the issue and delivers it to the Defendants Attorney and then they usually give notice of triall If the Defendant plead specially he is to bring it to the Plaintiffs Attorney under a Serjeants hand and if the Plaintiff reply specially it must likewise be under the Serjeants hand the like upon a Demurrer to a Declaration and Rejoynder in Demurrer If your triall be by Nisi prius at the Assizes in the Countrey and the Jury appeare not full upon the Pannel then may you require a Decem tales de circumstantibus viz. ten of the standers by to fill up the Jury or more or lesse as is requisite which Tales must be mentioned upon the return of the Postea and the Judgment upon it in the Issue Roll. Having entred your Declaration with the Issue joyned in the Prothonotaries Office then make out a Venire facias upon your Issue and get signed with the Prothonotary and seal it then get it returned by the Sheriff of the County where the action is laid and upon the return of it sue forth an Habeas corpora and deliver the same to the Sheriff to summon the Jury and get it returned before the Assizes In suing forth your Nisi prius ingrosse your Record according to the copy of the Issue made up and the entry of it upon the Roll in the Prothonotaries Office and examine it if it be upon an Issue joyned the same Term whose hand must be to it then carry the same to the Clerk of the Treasury to signe and make up the Record If the Issue was entred of a Term past then must you deliver the paper Book of the Issue to the Clerk of the Treasury to examine the same by the Roll and to make up the Record which must be signed by him then must it be sealed with the Lord chief Iustice of the Court and then deliver it together with the Hab Corp Iur. returned by the Sheriff to the Clark of the Ass for that County where it is to be tried paying the Judges Then retain Councel and have your witnesses ready for the trial The triall being had and verdict passing for your Client the next Term you are to call of the Clerk of the Assizes for a return of the Postea and thereupon the Prothonotor will assesse costs and cause Judgement to be entred upon which you may have Execution by Capias ad satisfaciendum Fieri facias or Elegit c. according as you desire and as the nature of the action brought doth allow or require Note that a Capias ad satisfac is only against the body who must be imprisoned until satisfaction be made and if the Defendant cannot be found the Plaintiff cannot have another Execution 20 E. 2. for he may chufe at the first whether he will have a Capias or an Elegit but if he take the Capias he shall not have the Elegit afterwards nec è converso 15. H. 7. 15. The Writ of Fieri
aforesaid in their Demesne as ofsee Between which said Closes there is a certain hedge separating each from other the aforesaid Closes which said hedge the aforesaid D. and all they whose estate the same D. hath in the Close aforesaid from time out of minde were accustomed to make repaire and sustain and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken down and laid prostrate to the ground and that the Cattel of the said A. and B. in their Close aforesaid put to depasture into the said Close of the aforesaid D. by the breach and decay of the said hedge did enter against the will of them the said A. and B. and the grasse aforesaid did eat up tread down and consume the same A. and B. their Cattle aforesaid freshly pursuing into the said Close of the said D. by the breach and decay aforesaid did enter to drive backe their Cattle into the said Close of them the said A. and B. and into that Close speedily drove them as it was lawfull for them to do which is the same trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the said D. above against them complaineth And this they are ready to averre c. whereupon c. The Defendant upon a Replevin avoweth the taking of the Cattle doing Damage Feasant ANd the said A. by c. cometh and defendeth the sorce and injury when c. and doth well avow the taking of the said Cowes in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and 12 acres of Meadow with the Appurtenances in the said Towne of S. whereof the place in which c. the said Cowes were taken as parcell in his Demesne as of Fee And for that he at the time of the said taking found the said Cows doing damage in the said place in which c. the said A. those Cowes in his ground and free-hold so doing damage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the returne of the said Cattle c. Misnomer in the Writ of Justicies ANd hereupon comes Alvered Pease by W O. his Attorney and saith that he being by vertue of the said Writ of Iusticies summoned by the name of Abraham Pease neither is nor can be understood the same person against whom the said E. W. hath brought his Writ by the name of Abraham Pease For he saith that he is named called Alvered Pease and by the same name and sirname from the time of his nativity always known and called without that that he is named or called Abraham Pease or by the same name and sir-name was ever known or called as by the said Writ is supposed And this the said Alvered is ready to aver and prove whereupon he demandeth Judgement of the said Writ and that the same may be quashed c. Non cepit to a Replevin ANd the said B. by S. H. his Attorney cometh and defendeth the force and wrong when c. And saith that he did not take the Cattle aforesaid as the said A. above against him complaineth And of this he putteth himselfe upon the Countrey And the said A. likewise c. Property ANd the said B. by S. H. his Attorney cometh c. and saith that the property of the Cattle aforesaid at the supposed time of their taking was in the said B. and not in the said A. And this he is ready to prove whereupon he prayeth Judgement c. Demurrer to a Declaration ANd the said B. by C. D. his Attorney comes and desends the force and injury when c. And saith that the Declaration of the said P. and the matter therein contained are not sufficient in Law for the said P. to maintain his action aforesaid against him the said B. to be had And that he to that Declaration in manner and forme aforesaid made hath no need nor by the Law of the Land is bound to answer And for causes of Demurrer in Law in this behalse the said B. according to the forme of the Statute in this behalf provided doth shew to the Court these causes following That is to say that the said Declaration doth contain double and insufficient matter and wants forme and this he is ready to aver whence for default of a sufficient Declaration in this behalse the same B. prayeth Judgement and that the said P. may be barred of having his action against him c. Joyning in Demurrer ANd the said P. saith for that he above declaring hath in his said Declaration alleadged sufficient matter in Law to maintain his said Action to be had against the said B. which he is ready to aver which matter the said B. doth not gainsay nor thereunto at all answer but wholly refuseth to admit that averment prayes Judgement and his debt aforesaid together with damages by reason of the detaining of the said debt to him to be adjudged c. If it be in Trespasse then thus PRayes Judgement and his damages by reason of the sayd Trespasse or Trespasse and Assault or Trespass Assault and Imprisonment as the case is to him to be adjudged c. If in an Action upon the Case PRayes Judgement and his damages by the occasion before specified to him to be adjudged c. OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS TO treat of the Originall or first Institution of Sheriffs in this Common-wealth is not here necessary being already done in the tract of the County Court or first part of this our subject matter Therefore we will initiate with the office of Sheriff in which office he hath triplicem custodiam a three-fold custody viz. 1 Custos vitae Reipublicae The Conservator of the life or peace of the Common-wealth 2 Custos vitae Iustitiae The preserver of the life of Justice for no Suit doth commence and no Processe is executed but by him 3 Custos vitae legis The Guardian or Tutor of the life of the Law for after tedious and long spun suits he is to make due execution which is the very life and spirit of the Law Now as he is Custos vitae Reipub. or Principalis conservator pacis within the County he hath a Judicial authority in the other two a Ministeral 1. And first to discover his Judiciall power And as he is a preserver of the peace he may ex officio upon request command and cause another to finde sureties of the Peace and may take the same sureties by Recognizance for all Obligations that he takes to that end are as Recognizances in Law And if he see one man assault another or if an assault be made upon himselfe he may compel them to finde sureties of the
Writ appeareth in a certaine pannel to this VVrit annexed R. S. Esq Sherif The names of the Jurors between A. B. Plaintif and C. D. Defendant of a plea of Trespasse E. F. of G. Gent. H. I. of the same K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io Doo Ric. Roo R. S. Esq Sherif The execution of this writ appeareth in a certaine pannel to this writ annexed R. S. Esq Sherif The names of the Jurors between A B. Plaintif and C D. Defendant of a plea of Trespasse E F of G Gent H I of the same K. L of M And so to the number mentioned in the writ Every of the said Jurors is severally attached by pledges Iohn Doo Rich Roo Issues of every of them 10 s. R. S. Esq Sherif At my County of N. held at L. in the said County of N. the 8th day of Ian in the year of our Lord 1658. the within named A B C D and E F were the first time called and did not appear And at my County Court there held the first day of Feb in the same yeare 1658. they were the second time called and appeared not And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called appeared not And at my county Court there held the 2d day of April in the year of our Lord 1659. they were the fourth time called and appeared not And at my County Court there held the first day of May in the year 1659. abovesaid they were the fith time called and the above named A. B. brought me his Highnesse VVrit of Supersedeas which I have to this writ annexed therefore against him the said A. B. I could no further proceed And the above named C. D. rendred himself into my custody whose body before the Justices within mentioned at the day and place within contained I have ready as within it is commanded And the above named E F. did not appeare therefore by the judgement of J K. L M. Gent. Coroners of the County aforesaid the aforesaid E E. is outlawed R. S. Esq Sherif At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at G. the 20 day of Apr. in the aforesaid year the 2 day of April in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written on Sunday the 10 of April 1659. abovesaid I made publique proclamation as within it is commanded R. S. Esq Sherif There being four County Courts allowed at which the within named A B. C D. E F. were foure times called appeared now Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. E F. were the first time called and appeared not therefore by the judgement of I K and L M Gent. Coronors of the County they are and every of them is outlawed R. S. Esq Sherif This Writ was so lately delivered me that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same R. S. Esq Sherif The within named A. B. was taken by R. C. Knight and Baronet late Sheriff of my County of N. and not by me now Sheriff of the same County R. S. Esquire Sherif By vertue of this writ to me directed I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record as appeareth in a certain Scedule to this Writ annexed And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed I. G. Esquire Sherif S. ss At my County Court held at I. in my said County the 11. day of in the year of our Lord 1657. ss I. K. complaineth against T. W. of a plea of Debt I. G. Esquire Sheriff By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick I have given notice to the within named L S. I. L. c. that they be before his Highnesse at the day and place within contained to shew c. Why the within named R R. should not be inlarged out of prison according to the act c. As within it was commanded I. G. Esquire Sherif The within named G. S. hath nothing in my Bailiwick whereby I can give him notice neither is he found in the same neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick unto whom I may give notice as this writ doth require I. G. Esquire Sherif Pledges of process Jo. Doo and Ric Roo Sum of the within named A. B. Anth. Sharp and Rich. Sharp And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth upon the Lords day to wit the 4. day of Iu. in the year within written immediatly after divine service in the same Church ended I made publick Proclamation according to the form of the Statute c. R. S. Esq Sherif By vertue of this Writ to me directed the 26. day of A. in the year within written I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick the third part of the Messuage Lands and Tenements within mentioned with the appurtenances As within it is commanded The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire Sherif Pledges of Processe Jo. Doo and Rich Roo The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire Sherif By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage Lands and Tenements within specified And also have taken the body of the within named C. D whose body before the Justices within written at the day and place within contained I have ready as within it is commanded And where the Defendant is not found then close thus And I further certifie the Justices within specified that the within named C. D. is not found in my Bailiwick R. S. Esquire Sherif By
of the Peace or before any other person or persons having any lawfull authority to summon the same persons and that he himselfe shall personally attend at the same Assize and Gaole-delivery Sessions of the Peace and at the County Court to make his just returnes and doe all the services belonging to the Bayliffe of a Wapentake if he be in health or able to performe the same or otherwise by his sufficient Deputy to be allowed under the High Sherifs seale of Office 5. Item That he the said C. D. shall before the twelfth day of January next coming deliver or cause to be delivered unto the hands of the said High Sherif or Under-sherif one paper booke fairely written containing the names sir-names and additions together with the dwelling places of all such Free-holders as are now dwelling and resident within the said Wapentake of Ewcross and shall likewise save and keepe harmlesse the said Sherif his lands and tenements goods and chattels of and from all issues and amerciaments which shall or may be charged upon them or any of them for and by reason of returning not returning or mis-returning of any Free-holder or Free-holders by the said C. D. or his Deputies 6. Item That the said C. D. his Deputy or Deputies shall bring or cause to be brought to the Castle of Y. all such person and persons as shall by them or any of them be arrested by vertue of any Warrant or Warrants upon any Capias utlegatum or Capias ad satisfaciendum And that likewise upon all Arrests of persons baylable take sufficient bond with two sureties for their appearance at the returne of the VVrit and the said Bonds so taken shall deliver unto the Under-sherif or his Deputy by the space of sixe dayes before the respective dayes of their severall appearances 7. Item That neither the said C. D. nor any of his Deputies make any sale of any goods by him or them or either of them seised or taken for any of his Highnesses debts or upon any execution between party and party Nor shall detaine or keepe in his or their hands any goods so taken by the space of foure dayes but shall bring send or deliver the same unto the said Under-sherif his Deputy or Deputies with a true Copy of their appraisements and the names of the appraisers in case the owners or some friends for them shall deny to take them as they are apprized or to pay the debts and summes for which they were so seised and taken together with the reasonable charges expended concerning the same and every of them shall and will from time to time within sixe dayes after notice or command to him or them given by the said High Sheriffe or his Deputy repaire and come to his Office at Y. or else-where and then and there make a just and perfect account for and concerning all Fees aswell for Arrests and Perquisites of Courts as for all other dues and profits unaccounted whatsoever for and which he and they or any of them shall have received and taken during such times as he the said C. D. shall continue Bayliffe of the said Wapentake which of right belongeth unto his Highnesse or the said now Sheriffe or his Under-sheriffe And the said high Sheriff or Under-sheriffe upon his true account so be made by the said C. D. shall returne unto him the said C. D. all the overplus of the said summe so deposited by the said C. D. to the said high Sheriffe or his lawfull Deputy as shall remaine in his the said Sheriffs hands after the perfecting of the said account 9. Item That he the said C. D. shall after the severall generall Assizes and Gaole delivery and Sessions of the Peace be present and ready in his owne person safely to carry and conduct the prisoners condemned to the place of Execution and not to depart thence without licence from the high Sheriff or his Under-sheriff And shall likewise from time to time so often as he shall be thereto required by the sayd Sheriff Under-sheriffe or his Deputies be ready to ayd and assist them or any of them for the apprehending of any Traytor Priest or Felon or for any other matter or thing whatsoever concerning his Highnesses service within the said County In witnesse whereof c. The Bond for the performance of these Articles is ordinarily made as all other bonds are for the performance of Covenants A Bond entered to a Sheriffe for ones appearance in the Common Bench. KNow all men by these presents that we A. B. of S. in the County of Y. Gent. C. D. of R. in the said County Esquire and E. F. of T. in the said County Yeoman are holden and firmly bound to G. M. Esq High Sheriff of the County of Y. in 30 l. of good and lawfull money of England to be payd to the said G. M. his Executors Administrators or Assignes To the which payment well and truly to be made we binde us and every of us by himselfe for the whole and in the whole our Heires Executors and Administrators firmely by these presents Sealed with our seales dated the twentieth day of June in the yeare c. The Condition THe Condition of c. That if the above bounden A. B. do appear before the Justices of the Common Bench at Westminster in the morrow of the holy Trinity to answer M. N Gent. in a plea of Debt That then this present Obligation to be voyd c. In the Upper bench thus THe Condition c. That if the above bounden A. B. do appeare before his Highnesse the Lord Protector of the Common-wealth c. at Westminster on Saturday next after the morrow of St. Martin to answer to M. N. of a plea of Trespasse That then c. Note that Upper Bench Writs are alwayes returnable upon a day certain as on Monday or Tuesday or Thursday c. next after the morrow of St. Martin c. and are alwayes in trespass But Common Bench Writs are in Debt Trespasse Account Trespasse upon the Case c. as the case requires and are not returnable on a day certaine but returnable on the morrow of the Holy Trinity or the morrow of St. Martin c. An Indenture of Covenants to a Sheriffe to save him harmlesse for returning a Devastavit against an Executor THIS INDENTVRE made c. Betweene Sir A. B. Knight High Sheriffe of the County of Y. and C. D. Gentleman Under-sheriffe of the said high Sheriffe of the said County of Y. of the one part and E. F. of c. of the other part Witnesses That whereas the said E. F. hath obtained and sued out of his Highnesse Court of Common Pleas at Westminster his Highnesses Writ of Fieri facias to the said Sheriffe directed bearing Teste the 29 day of June now last past and returnable in the said Court in 8 days of the holy Trinity last past thereby commanding the said high Sheriffe to
Appeal he shall never be received to make his Appeal afterwards Note That an Appeale of Death may be commenced before the CORONER and Processe awarded to the Exigent but the Pleashall not be determined before him Br. Appeale 62. the end Corone 82. Westminster 1. Cap. 10. The Sheriff shall have counter-rolls with the Coroners aswell of their Appeals as of Enquests of Attachments and of other things which to that Office appertains An Appeale of Murther by the wife of him that is slain A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE Gent. in the custody of H. R. Sheriffe of the County aforesaid and to the Barre brought in her owne person of the death of the aforesaid C. B. late her Husband of that that where the same C. B. the tenth day of May in the yeare of our Lord 1658. was in the peace of God and the said Common-wealth working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph or pit at S. in the County aforesaid where there came the aforesaid E. F. as a Felon of the said Common-wealth and by assault and of malice fore-thought upon the aforesaid C. B. the said tenth day of May in the yeare c. aforesaid about the seventh houre in the forenoon of the same day by force and armes that is to say with staves knives swords c. at S. aforesaid in the place aforesaid an assault made and the same C. B. then and there feloniously and wilfully slew and murthered and the same C. B. so slain incontinently layd in a coner of the said stone delph or pit and covered him with the Lime-stones then and there lying in the said stone delph or pit in the Parish of S. in the County aforesaid against the publique peace and as soon as the same Felon the felony and murther aforesaid had done fled and the aforesaid A. B. then freshly pursued from Towne to Town as farre as four Townes next and farther untill c. And if the aforesaid E. F. the felony and murther aforesaid done will deny then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove as the Court here c. and she found pledges of Prosecution of this Appeale to wit J. D. and R. R c. If the Appeale be by the heire of the person murthered then thus A. B. next of blood and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid Esquire in the custody of H. B. Sheriffe of the County aforesaid and to the Barre brought in his owne person of the death of the aforesaid C. D. lately his Father of that that where the same C. D. the day of c. in the yeare c. An Appeale of Mayheim A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire for that that where A. B. was in the peace of the Common-wealth now at c. the same C. D. came and made an assault upon him of fore-thought malice and armed in such a manner cut off the right hand of the said A. B. or with such staffe struck him upon the head whereby he pierced the scull of his head or with a stone struck out his three fore-teeth whereby he maymed him feloniously and as soon c. and if c. the same A. B. this is ready against him to prove as the Court c. Of wounding thus A. B. in his proper person c. of that that where the said C. D c. the said A. B. with such a weapon strucke him and wounded him in such a part of his body which wound contained so much in length so much in breadth and so much in depth and this wound he gave him feloniously and as soone c. and if c. the same A. B. this is ready against him to prove as the Court c. An inquisition in Man-slaughter AN Inquisition indented taken at the Parish of S. in the County of Middlesex the 25th day of March in the yeare of our Lord 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid and of foure other Townes in the County aforesaid the said Parish next adjoyning who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland c. When and by what meanes the said W. F. came to his death say upon their Oaths that the said E. L. late of the Parish of S. aforesaid in the County aforesaid Labourer the twentieth day of March in the year of our Lord 1659. aforesaid not having the feare of God before his eyes but being moved and seduced by the instigation of the Devill with force and armes c. at the Parish aforesaid in the County aforesaid in and upon the said W. F. in the peace of God and in the publique peace then and there being feloniously did make an assault And that the said E. L. the said W. F. then and there to the ground did throw and cast downe and the said E. L. with the left hand and both the feet of him the said E. L. the aforesaid W. F. so as aforesaid upon the ground lying in and upon the breast felloniously did strike beate and kicke giving to the said W. F. then and there with the said left hand and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches and of the bredth of four inches of which said mortall bruise the said W. F. then and there instantly languished and lived languishing from the said nineteenth day of March untill the said 20th day of March on which said twentieth day of March in the yeare aforesaid the said W. F. at the Parish aforesaid in the County aforesaid of the mortall bruise aforesaid dyed And so the Iurors aforesaid upon their Oaths aforesaid do say that the said E. L the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace What Goods and Chattels the said E. L. had at the time of the Felony aforesaid in manner and form aforesaid by him done and committed to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition in Man-slaughter where one was starved and perished for want of sustenance AN INQVISITION indented taken at Hamstead in the County of Middlesex the 20th day
of December in the yeare of our Lord God 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid and of foure other Villages in the County aforesaid to Hampsteed aforesaid next adjoyning who being charged and sworne to enquire how when and after what manner the said W. T. came to his death doe say upon their Oaths that I. B of W. in the County aforesaid Taylor and S. his Wife not having God before their eyes but being moved and seduced by the instigation of the Devill the 20th day of November in the yeare of our Lord God 1658. aforesaid with Force and Armes c. at W. aforesaid in the County aforesaid in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God and in the publique peace then and there being feloniously wilfully and of their malice afore-thought did make an assault and that she the said S. then that is to say the said 20th day of November in the yeare aforesaid and divers other dayes and times as well before as after at W. aforesaid in the County aforesaid feloniously wilfully and of her malice afore-thought did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode sustenance raiment lodging physicke and other necessaries with the intent the said W. T. for want thereof should miserably languish perish and dye of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food sustenance rayment lodging physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November in the yeare aforesaid untill the 15th day of December then next ensuing in the yeare aforesaid at W. aforesaid in the County aforesaid miserably did languish and languishing miserably lived on which said 15th day of December in the yeare aforesaid the said W. T. for want of good sufficient food sustenance rayment lodging physicke and other necessaries at W. aforesaid in the County aforesaid miserably perished and dyed and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid by the aforesaid S. in manner and sorme aforesaid done and committed Feloniously and wilfully and of his malice afore-thought was present abetting ayding assisting comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder And so the Jurors aforesaid do say upon their oath aforesaid that they the said I. B. and S. his Wife the said W. T. in manner and forme aforesaid seloniously wilfully and of their malice afore-thought did kill and murther against the publique peace c. And so the said W. T. came to his death and not otherwise nor any other manner then is as abovesaid what Goods and Chattels Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed or any other time afterwards unto the taking of this Inquision had they the said Jury are altogether ignorant of In witnesse whereof as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written Inquisition where one is slaine by misfortune by a Cart loaden with hay AN Inquisition indented taken at c. Who say upon their Oaths that the aforesaid A. B. the tenth day of May in the yeare c. abovesaid at S. aforesaid in the County aforesaid going with his Cart from S. aforesaid to L. in the said County by the way between S. and L. aforesaid that is to say at c. aforesaid in the County aforesaid his said Cart loaded with Hay fell upon the body of the said A. B. and so bruised and brake his body that of that bruising and breaking the aforesaid A. B. then and there instantly dyed And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid by mis-forture to his death came And further the Jurors aforesaid upon their Oaths aforesaid say that then and there four horses with the Cart aforesaid and their load of Hay containing in weight by estimation fourty stone moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid to wit the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay is of the value of fourty five shillings and eight pence and remaine in the custody of E. F. of S. aforesaid Gent. In testimony whereof aswell the Coroners aforesaid as the Jurors c. Another where one by misfortune is slain by the fall off a Scaffold AN Inquisition indented taken c. who say upon their Oaths that the aforesaid P. H. the 25th day of August in the year c. abovesaid at St. K. aforesaid in the aforesaid County did set up a certaine Scaffold made of Deales and Fir-poles to the House of I. B. scituate and being at St. Katherines aforesaid there to tyle the said House And E. W. having M. C. the Daughter of W. C. an Infant in her armes going in the common High-way by the said House and the said P. H. being at worke alone then and there on the said Scaffold And the said Scaffold being made with rotten Timber one of the Fir-poles bearing the said Scaffold did break so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake of the length of two inches and of the breadth of one inch of which said mortall bruise and break the said M. C. instantly languished and lived languishing from the said 25th day of August in the yeare aforesaid untill the seven and twentieth day of the same moneth of Aug on which said seven and twentieth day of August in the yeare aforesaid the said M. C. at the Liberty aforesaid in the County aforesaid of the said mortall bruise and break dyed And so the Jury aforesaid upon their Oaths aforesaid say that the said H. P. the said M. C. did slay and kill by misfortune and against his will in manner and forme aforesaid What Goods and Chattels the said H. P. had at the time of the
HEe cannot enquire of the Statute of Labourers or indict one feloniously committing a Rape yet such Indictments must be delivered to the Justices of the Peace according to the Statute of 1 Ed. 4. Bract. praesent 16. Fitz. Tourne 3. 4 Edward 4. 8 Edw. 4. 5. He cannot commit any man to prison for his contempt neither can he take recognizance or binde a man to good behaviour as formerly he might and as the Sheriffe in his Tourne may do Yet Co. Instit 4. fol. 263. holdeth that he may take a Recognizance for the peace He cannot hold plea of any thing appertaining to the Crown nor touching Free-hold or Lands nor debt trespasse or otherwise This Court cannot take Indictment of any Felons for the death of any man or in any other case wherein it hath no cognizance If it doe it is Coram non judice and voyd neither can it take a presentment of an offence done to a Parish or a particular man Such things as are Trespasses by the Statute or offences against any Statute the Sheriffs Office doth not extend to it here except the Statute doth give in it an expresse authority to the Tourne or Leet for Nulla est generalis regula sed admittit exceptionem Nothing but Nusances and Grievances Offences or Trespasses as are popular and common to many persons And therefore Trespasses for breaking of Closes nor Assaults made to a sole and particular person is here inquirable except there be blood-shed It was the occasion of a very learned Contest or Argument Pasch 24 Car. B. R. whether a Court Leet may enquire of private Assaults and Batteries if there be no blood-shed in the case Bacon Justice and Walker an Apprentice of the LAW in the Inner TEMPLE held that a Court Leet might enquire of them But Justice Roll held the contrary because they are actionable at the COMMON LAW onely by the party injured and are not publique offences against the publique Upon all Presentments and Indictments taken before the Sheriffe in his Tourn he hath not power to attach arrest or put in prison nor to levy nor take any Fines or Amerciaments of any person so indicted or presented betore them by reason or colour of any Indictment or presentment taken before them in their Tournes but the Sheriffe shall bring and deliver all such Indictments and Presentments to the Justices of Peace at the Sessions that shall be holden for the said County if not a forfeiture for every one not delivered 40 l. What things are considerable in holding Tourns or Leets HAving demonstrated what things are to be enquired of here and what are not Now three things are considerable in the holding of Tourns or Leets viz. 1. Time 2. Place 3. Persons 1. As to the time it must be kept twice a yeare according to ALFRED quotannis celeberimus bis conventus agetur one moneth after EASTER and one moneth after MICHAELMAS At the Tourn after EASTER no Actions popular are to be enquired after c. but onely to take their suite who are Suitors and to take the view c. And at the Tourne after MICHAEELMAS then to enquire of such as are enquirable 2. Now to the place where it is to be holden and that must be within the Precinct and Libertie in loco debito consueto and if it be done otherwise what ever is acted in it is voyd coram non judice 3. Thirdly what persons are to appeare in this Court they are all the Freeholders within the Precinct or Liberty are obliged to come by the service of their Fees and all other people above the age of 12 years and under 60. only Ecclesiasticall and religious men all Earles Barons Tenants in ancient demesne and all women are excepted because they are never sworn upon any Inquest Jury What. THere must be at the Court twelve at the least of the most discreet and sufficient Freeholders such as are of repute and estimation and have Freehold Lands within the same County of the value of twenty shillings at the least who ought to be impannelled and sworn by the Sheriff to enquire of and present all things there inquireable and presentable who ought to take all Indictments by their oathes and must deliver in their rolls and inquisitions indented and sealed between the Sheriff or Steward and the Jurors And if there be not twelve to be sworn the Sheriffe or Steward may cause strangers that come within the view to be of the Inquest How Amerciaments are forfeited and what shall be causes to amerce c AMerciament in Latine is called misericordia because it ought to be assessed mercisully and ought to be moderated by affeerement of his equals otherwise a Writ de moderata misericordia lieth or because the party offending putteth himselfe on the mercy of his Highnesse And the difference betwixt a Fine and an Amerciament is That a Fine is assessed by the Court but Amerciament by the Countrey Of Amerciament BUT to demonstrate the cause of Amerciament viz. The not appearing of a Leet is a good cause to amerce a Reâ—iant and the Lord who distrains for the amerciament needs not shew for what he distraineth before the tenant hath tendered something for amends although the tenant doth not know the cause 45 E. 3. 9. Avowry 80. vi 11 H. 4. 89. 12 H. 7. 15. If a man be amercied for a thing done in a Towne wherein he dwelleth he may be distrained for it in any place within the Hundred or Leet 11 H. 4. 88. A Suitor at a Leet may be amercied for not presentting things presentable being sworne with others and a generall Avowry but he may say that there was nothing to be presented 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Coo. lib. Enteries Det. 149. Coo. part 8. Griesleys case A Resiant was amercied for not clensing of a Ditch and a paine levied upon him that he clensed it after and a distresse taken for not doing of it c. 29 E. 3 36. 41 E. 3. 26. Resiants and tenants may be amercied in the Leet for refusing to swear 38 E. 3. 18. Conusance 23. The Lord of a Leet shall not prescribe to amerce the petty Jury for their false verdict the same being sound by the grand Jury for it is no good custome but they may be amercied for concealing of any thing which is presentable there and this is by custom M. 9. H. 6. 42. Custome An amerciament in a Leet may be well levied by an action of debt 12 H. 2. Ley 43. 10 H. 6. 7. One was amermercied for brewing Ale and selling it contrary to the Assize within the Hundred and it was holden that although he was resiant within another Leet yet the amerciament is good where it is made so it is where one sels Bread and Ale in a Market which is in another Leet then where it was brewed
enquire of High treasons as if there be any among you that do compass imagine or intend the death of his highness the Lord Protector her highness or their children or of their consenters or to levy war against his Highnesse or be adherent to his enemies Death and forfeiture of all their goods and chattels to his Highnesse as well real as personall moveable and unmoveable corn growing and all their debts due to them sc all such goods and chattels c. as they had at the time of their attainder 2. If any counterfeit the great seal of England or money of this Common-wealth or do clip wash or round the same Death and losse of goods but of Lands during life onely and no corruption of blood nor forfeiture of Dower 3. If a Servant kill his Master or Mistresse or if a woman kill her husband it is petty treason and here inquirable Death the Escheat hereof appertains to the Lord of the Fee for such treasons touch not his Highnesse himselfe 4 If one kill another in his owne defence or by accident it is here to be enquired of as blood-shed c. Stamf. 15. a. Losse of goods in both and charter of pardon must be purchased for it Stat of Gloue cap. 9. 5 If any man ravish a Woman whether Wife Widow or Maid though she doth afterwards assent it is here enquirable as Trespasse And their ayders and abettors are to be enquired of Death and the losse of Goods and Lands the benefit of Clergy is taken away by the Stat. of 18 Eliz. cap. 6. The ayders and abettors shall receive the like punishment as well as he that committed the fact 6 Burglary are those who in the time of peace or in the night time with a felonious intent to rob or kill doe breake any houses Churches walls or Gates it is here inquirable Stamf. so 30. b. Death and losse of lands goods and so shall their accessary 7 Petty Larceny is the selonious intent of taking of any thing under the value of 12 pence as Capons Pigs Hens and such like or cloths off hedges and is here enquirable The punishment is corporall as whipping and losse of goods if they have any for the law suffers no offence to escape unpunished 8 Putting out of eyes cutting out of tongues or disfiguring any member to the intent they should not see nor speake is here inquirable as blood-shed Iudgement of death and losse of lands and goods 5 H. 7. 9 Misprision of Treason is if any know of Treason and concealeth it foure and twenty houres you are to enquire of it Losse of goods and chattels for ever of lands during life and perpetuall imprisonment no baile being admitted 10 You are to enquire of Conjurers and Witches and such as practice Diabolicall Arts or any Inchantments whereby any person shall be killed destroyed or consumed it is Felony in them their abettors and concealers Death grounded upon the Law of Moses Exod. 21. 18. Levit. 20. 27. and losse both of lands and goods 5 Eliz. Some of our Pulpit temporizers would make Astrology that sublime science one of the number but the Law is not guilty of their ignorance 11 The taking away of Ornaments seloniously out of Churches or Chappels is here inquirable as Felons Death no benefit of Clergy Frustra petit auxilium Ecclesiae qui peccat contra Ecclesiam 12 The felonious taking of Doves in Dove-houses yong pigeons Goshawkes out of their nests taking of Fish out of ponds stews or trunks but in a common River otherwise or taking Cignets Swans marked Peacocks or any domesticke Deere knowing it to be so and setting upon one in the high way though he take but the value of a penny is Felony and are here inquirable Death with the losse of lands goods and chattels and the like to their accessary 13. If any one seloneously burne any dwelling house or barns or stacks or mowes of corne in the night-season it is felony at the common-Law and by you to be inquired of Death and losse of goods and lands 14. You are to enquire if any one procure or command another to commit the felony though he be not present when it is perpetrated he is said to be an accessary before the fact or if any receive or aid a Felon having knowledge of the fact which he committed he is an accessary after the fact Stamf. 40. The Iudgment is the same as against the felon according to the merit of the fact 15. If any be arrested for felony or any other crime and afterwards the party in whose custody he is tollerates him to go at large this is a voluntary escape and inquireable It shall be adjudged against him that suffered the escape as if he were the offender Stamf. fo 33. 16. If one be arrested for felony and escapeth contrary to the will of the arrester and is not followed with fresh pursuit nor taken before the pursuer loseth sight of him this is inquirable Though he be afterwards taken yet is it finable according to the quality of the offence 17. If any rescue and set at liberty any person apprehended and arrested for felony it is felony in the Rescuer and here inquirable 1 H. 7. 9. The same judgment is as in a voluntary escape 18 These things mentioned in this first part of the Charge are here to be enqired of and presented but not punishable here but are to be certified by the Steward to the Justices of the Peace at the Sessions next ensuing But the matters contained in the subsequent part of the Charge are here in this Leete to be enquired of presented and punished but not certified as is the part preceding And these are grounded upon the Common and Statute Lawes of this Common-wealth Charge of the Leet Judgement 19 It behoveth you to enquire if the Constables and Tything-men have not been remisse in executing their office upon Vagabonds Rogues and sturdy Beggars that have com'n within their Liberty and charge For every such neglect or default they ought to forfeit 20 s. You ought also to enquire of those that sustain and feed them The penalty is 10 s. for every time they give almes to such 20 You shall enquire if there be in every Tithing a pair of good and sufficient stocks according to the Stat. for the severe punishing of idle persons If there be not the Tithing looseth 5 l. 21 Whether Hue and Cry after Theeves and Robbers hath beene duly pursued lyes next in your way to enquire of presenting them that made default The penalty or forfeiture of such default is 5 l. 22 All Purprestures are here enquirable which are either in eligendo or destruendo either in setting up or casting downe any thing which may tend to a publique annoyance as in levying of Ditches or Hedges or by making or filling up of Ditches or if
for the performance of the covenants c. aforesaid on the part and behalfe of the said C. D. to be performed procuring five sufficient Sureties to be bound in 100 l. a piece with the like conditions A. B. grants to the said C. D. that he the said A. B. shall within the space of one yeare next after the said C. D. shall deliver or cause to be delivered to the said A. B. the said Quietus est being discharged and saved harmlesse from all payments penalties fines c. upon the reasonable request of the said C. D. shall deliver or cause to be delivered up the said obligations so to be made by the Sureties of the said C. D. c. To be bayliff during the pleasure of the Sheriff He must execute every precept warrant with speed and secresie making a true returne by the space of four dayes before the respective returns thereof and keep harmlesse the Sheriff his c. of and from all escapes c. He shall truly pay to the Vnder-sheriffe the Blanck-farme within the said Wapentake within sixe dayes next after she Annunciation and St. Michael and shall at his owne charge levy and collect all summes of money of what nature soever within the said Wapentake as are due to his Highness or c. He shall enquire of the goods and chattels of Felons Fugitives of persons outlawed and condemned waises estrayes c. delivering them to the Sheriffe within one moneth next after the seisure He shall give lawful summons to all Jurors Free-holders as shall be appointed to appeare at the Assizes Justices of the Peace c. attending personally himselfe at the Assizes Sessions c. to make his just returns c. He shall deliver before the twelfth of January next unto the hands of the said Sheriff c. a paper booke faire written containing the names c. of all Free-holders resiant in the Wapentake And shall save and keepe harmlesse the Sheriff his c. from all issues and amerciaments c. for not returning or misreturning of any Free-holder He shall bring or cause to be brought all persons by him arrested c. And upon all arrests of persons baylable take bond with 2 sureties for appearance and shall deliver the bonds to the under Sheriffe sixe dayes before the dayes of appearance He shall not sel any goods by him taken c. nor shall keepe them by the space of foure dayes but shall deliver them to the under-sheriffe with the appraisements He shall within 6 dayes after notice to him given by the Sheriff come to his office to make a perfect account for all fees for arrests c. 8 Item That the said C. D. his Deputy and Deputies dues profits c. during the time he hath continued baylif c. returning the overplus to him of the sums so deposited by him He shall after the severall general Assizes Sessions of the peace be ready in his owne person to conduct the prisoners condemned to the place of Execution shall aid the Sheriffe to apprehend Traytors c. The returning the Devastavit A covenant to the high Sheriff the undersheriff to save them their Clerks harmless touching the return of the Devastavit and to pay all costs c. that they shall be put unto They binde themselves in the penalty of 300 l. for the performance of it Co. upon Mag. Chart. cap. 17. 4 Inst cap. 59. sol 271. Mirrour cap. 1. Sect. 13. Articuli super Chartas See Brit. cap. 3. fol. 3. Stamf. pl. coron 48. c. Register 177. F N B. de Coronatore elegendo de electione viridariorum Co. Int. 2. fol. 174. 175. In Scaccar inter praecept term Hil. 14. E. 3. ex parte remem regis 20 H. 9. Dyer 1. Eliz. fol. 165. Daltons Iustice of Peace Co. 2. Inst Magn. chart cap. 17. Mirror cap. 1. sect 13. Croke 1. part fo 95. Sir Wil Withipoles case In case of death an Inquisition super vis corp per sacr prob legal hom where not good Poph. rep fol. 202. Harison against Errington Poph. rep fol. 209 210. Stat. 4. E. 1. Co. lib. Intr. fol. 354. Smiths CoÌ„mon wealth of England cap. 24. Stamf. 52. City of York The Oath of the fore man of the Jury The oath of the â—est of the Iury. York ss The oath of the evidence What are Deodands and what are not 14 H. 7. 31. 4. H. 7. 3. Pl. Com. When the Sherif is Plaintif in an action of waste the Estrepement shall go to the Coroners He may take posse Comitatus Fitz. tit Coron fol. 221. 371. 5. H. 7. Note The Sheriffe shall have Counter-rolls of Appeals c. Middlesex ss Middlesex ss Middlesex ss Middlesex ss Felo dese Middlesex ss No forfeiture of Lands Lamb. E. 4. c. 4. Britton cap. 29. cap. 61. Flet. E. 2. c. 62. Br. 21. 23. Powel Suit reall what it is Leets how first granted Kitch fol. 6. Dyer fo 64. 13. Termes of Law Co. L 4. 33. L 6. 12. Extrinsical offences Intrinsicall offences Co. 8. 38. A Suitor refusing to make presentment or refuseth to be sworn No commitment to prison c. yet he may take a Recognizance for the peace Co. Inst 4. fol. 263. Magna Charta cap. 17. No Indictments of felony for death 28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo 1. Br. Leet 19. 25. Br. Leet 26. Dyer 234. Fitz. tourn 1. 4. Styles prac Reg. Delta sol 155. Fitz. Leet 11. Stat. 9 H. 3. c. 33. 52 H. 3. c. 2. 10. Br. Leet 42. Fitz. 160. c. 161. 1 R. 3. cap. 4. Westm 2. 6 H. 4. fol. 1. 2 H. 7. fol. 4. Coo. on Lit. lib. 2. c. 11. p. 194. Co. part 8. 43 E. 3. 9. Avowry 80. vi 11 H. 4. 89. 12 H. 7. 15. 11 H. 4. 88. 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Co. rep 8. Griesleys case 29 E. 3. 36. 41 E. 3. 26. 9 H. 6. 41. Custome Ass 13 E. 3. Avowry 105. 47 E. 3. 12. 10 H. 7. 21. Stat. E. 1. 4. Hill 21. E. 3. Bar. 271. Inquiries The oath of the fore-man of the Inquest The oath of the rest of the Inquest The first consideration The second consideration Deut. c. 6. The third consideration What an oath is Hebr. cap. 6. v. 16 17. Malac. 3. High-Treason Petty-Treason Felony Rape Burglary Petty Larceny Phisnomy defaced Misprision of Treason Sorcerers and Conjurers and Witches Sacriledge Taking of Doves young Pigeons Goshawks fish Cignets Swans Peacocks domestick Deere and Robbery Burning of houses or barnes Acessaries Escape voluntary Escape negligent Rescue Constables Tything-men Stocks Hue and Cry Common Nusance Bridges decayd Common Pounds Surveyors of high wayes Ditches hedges and high wayes kept and scoured Boundaries ' Hedg-breakers Pound-breach Blood-shed Rescous Common Barretors Alehouse-keepers Forestaller Regrator Ingrosser Assize of bread Brewers Victuallers Inne-holders Butchers False weights and measures Tanners Curriers Shoomakers Searchers and